The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-04-26

However whether person having opium possession could
not properly be charged and convicted of smuggling same
is another question, and that will cons
der when it is raised.
The first point made this appeal is that the
proved its charge possession of opium"
On the authority of Briggs Briggs, Haw 44S, hold
that whether there any evidence Judgment
question of law but the will examine the
evidence only far ascertain whether
derce to sustain the judgment We consider
question whether the charge unlawful possession opium
was fully proven the appeal limited to the points of law
taken Finding from the papers sent up evidence that the de-
fendan had possession opum enquire further and
overrule this point.
The second point has already been considered fully
The third point that the Act of can Act to
regulate the importation and sale of opium is
and therefore void and of effect remains
The 18th Article of cited as being contra
vened by this law It reads To avoid improper influences
which may result from ntermxing in same Act
such things have proper relation other law
shall embrace but object and that shall be expressed in it's
title"
contended by the defendants
the Act in question is Act regulate the importation
sale opium and the Act itself legsates upon only the
importation and sale of OPIUM but of preparations Of OPIUM
the Act embraces than object and also that the
ec of preparations of opium is not expressed in the title
therefore the Act is unconstitutional and void.
becomes necessary enlarge upon duty of
the Court where questions involving the consutionaty
law presented
Judge Cooley says page 159 his Constitutional
Limitations at must be evident to any that the power
of the fabty of the human Judgment will shrink
from exercising any where he conscentousy and
with due regard to duty and official oath decline the response
bility
Legislative coordinate departments of
of equal dignity each is alike supreme the
exercise of its proper functions and directly indirectly
while acting within the limits of it's authority be subjected
control supervision of the other without
able assumption by that other of the power which, by
stituon conferred upon it. The Constitution apporons
the of but does not make of the
three departments subordinate another when exercising
trust committed to IT. The Courts declare legislative
unconstitutional and void not
because the judicial power is superior in degree dignity
the legislative. Being required to declare what the in
the before them they the Con-
stituon the paramount law whenever legislative
in conflict with it.
But the Courts sit, review the legislative
action but enforce the legislative will and only when
they find that the Legislature has failed keep within
sttuona limits that they at liberty disregard its
action"
The power declare law unconstitutional is expressly
given to the Supreme by Section Civil Code
Constitution prescrbes all hereto
may hereafter be enacted are con-
trary this Constitution shall be null and void.
Article 50 of the Constitution prescrbes that the
the Supreme Court when made by majority of the Justices
thereof shall be final and conclusive upon al parties
But considering the solemn and responsible Of the
function thus devoved the Supreme Court adopt
principle which prevails other Courts that viii not
pass upon constitutional question and declare
invalid unless decision upon that very point
sary O the determination of the
In any case where constitutional question is raised
though may be egtmatey presented by the yet
the record also other and clear ground upon
which the Court may rest its judgment and thereby
constitutional question mmatea to the case the will
take course the question of constitutional power
to passed upon arises which otherwise
disposed of and which consequently renders decision upon
such question necessary"
Cooley Const Linn. p. 1853.
Frees Ford, N. Y. IT.